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ADUMUA-BOSSMAN J.S.C.: This appeal is against a judgment dated the 20th January, 1961, of the High Court, Kumasi constituted by Apaloo, J., whereby he disallowed the plaintiff-appellant’s claim for damages for trespass in an area of land alleged to be Ahuren stool land, and gave judgment in favour of the defendant —respondent.
The parties are adjoining landowners, and the action raised for determination, firstly, the issue as to which of two conflicting boundary lines shown by each of them respectively (as indicated in plan prepared for the trial of the action and marked exhibit A) and claimed to be the common boundary demarcated sometime in 1901 by a body of customary arbitrators between their respective contiguous stool lands, is the true and correct boundary which the said arbitrators decided on, and established or settled between them. The action also raised the consequential issue as to the ownership of the intermediate area of land between the said two boundary lines claimed res…